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Articles 601 - 630 of 1067

Full-Text Articles in Contracts

Municipal Corporations - Quasi-Contractual Liability - Distinction Between Quasi-Contract And Ratification, Edward J. Wendrow Mar 1938

Municipal Corporations - Quasi-Contractual Liability - Distinction Between Quasi-Contract And Ratification, Edward J. Wendrow

Michigan Law Review

Plaintiff sued to recover for services rendered as foreman on a city "Works Project," the services having been rendered at the request of the mayor and with full knowledge on the part of the city council. Because of the foregoing fact the plaintiff claimed the contract had been ratified even though no formal corporate action had been taken authorizing the contract. Defendant's demurrer was overruled in the circuit court. On appeal, held, although plaintiff could not recover in an action based on the alleged contract because no formal contract was ever entered into, and because plaintiff's compensation had not …

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Contracts - Definiteness - Effect Of Provision In Employment Contract For Termination Only By Mutual Consent, Michigan Law Review Feb 1938

Contracts - Definiteness - Effect Of Provision In Employment Contract For Termination Only By Mutual Consent, Michigan Law Review

Michigan Law Review

Plaintiff entered into a written contract with defendant whereby defendant was to employ plaintiff as a salesman and plaintiff was to receive a salary of seven per cent of the annual profits of defendant's business with a guaranteed drawing account of forty-five dollars per week. The agreement provided that it should be terminable only by the mutual consent of both parties and contained no other stipulation for duration. Plaintiff was employed under the agreement from August 1912 until April 1933, when he was discharged because of a decrease in defendant's business. Held, that the contract was too indefinite to …

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Joint Adventure - Relationship Distinguished From That Of Employer-Employee, Wayne E. Babler Feb 1938

Joint Adventure - Relationship Distinguished From That Of Employer-Employee, Wayne E. Babler

Michigan Law Review

The taxpayer had an arrangement whereby he planned to furnish the Russian Government with shrapnel shells by farming out the various stages of manufacture to several different companies. A Canadian corporation, also having a contract for furnishing shrapnel, made arrangements with the taxpayer whereby the latter cancelled his contract and went in with the Canadian corporation. Under this arrangement the taxpayer was to furnish his manufacturing arrangement, plans, tools, gauges, drawings, etc., and to get fifteen per cent of the profits on the present contract and five per cent of the profits on future contracts of a similar nature. An …

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Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review Feb 1938

Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review

Michigan Law Review

A Montana statute placed the burden of extinguishing forest fires on the person on whose "property" the fire occurred, and, on failure of such person to extinguish it, made him liable to reimburse any authorized unit that should do so. Fire broke out on property owned by D, and a Government unit extinguished it. Previous to such fire, D had contracted to sell the land to X under a contract giving X the right of possession. Held, by the doctrine of equitable conversion, X was the beneficial owner, and the land was not D's "property" so as …

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The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz Jan 1938

The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz

Michigan Law Review

Although the power to establish systems of local government is reserved to the states under the Federal Constitution, they are obliged to exercise it in conformity with the limitations, direct or indirect, by which their powers in general are circumscribed. Since a state lacks authority to delegate powers which it does not possess, it may not confer upon municipal corporations, to cite but a few examples, the power to pass ex post facto laws and bills of attainder, to coin money, to emit bills of credit, to regulate foreign and interstate commerce, or to levy taxes for strictly private purposes. …

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Contracts - Specific Enforcement Of An Executory Accord, Benjamin H. Dewey Jan 1938

Contracts - Specific Enforcement Of An Executory Accord, Benjamin H. Dewey

Michigan Law Review

Sometime previous to the suit in question, defendant had executed a mortgage to the plaintiff, the loan secured by such mortgage to be repaid in installments. After having paid some but not all of the installments, defendant defaulted. As a result of negotiations between the parties and the Federal Land Bank of Omaha, it was agreed that the defendant should pay a lump sum in full satisfaction of the balance of the installments due under the mortgage. Performance was later tendered under this agreement, but the plaintiff refused to accept same, and subsequently brought suit in equity to foreclose the …

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Corporations - Alteration Of Charter Under Reserved Power - Change In Remedy To Enforce Stockholders' Liability, Michigan Law Review Jan 1938

Corporations - Alteration Of Charter Under Reserved Power - Change In Remedy To Enforce Stockholders' Liability, Michigan Law Review

Michigan Law Review

The constitution of Maryland of I 867 provided that owners of bank stock should be liable for debts of the corporation to an extent equal to the value of the stock owned by them. The bank in which the defendants owned stock was organized under legislation of 1870 containing the provision, "this act and every part of it may be altered from time to time, or repealed by the legislature." The Maryland court held that, while the constitution provided no remedy, the right was conferred on each creditor in his individual capacity to be enforced by separate suits against those …

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Champerty And Maintenance - Validity Of Contingent Fee - Contracts By Laymen To Prosecute And Collect Claims Against The Government, Charles R. Moon Jr. Dec 1937

Champerty And Maintenance - Validity Of Contingent Fee - Contracts By Laymen To Prosecute And Collect Claims Against The Government, Charles R. Moon Jr.

Michigan Law Review

It has often been said by the American courts in recent years that the doctrine of champerty, due to changes in the law of assignment of choses in action and other changes of conditions from those prevailing in England at the time of the origin of the doctrine, is no longer applicable in all its stringency. That conditions have changed cannot be denied; however, neither can it be denied that champerty is a very live doctrine today. The real basis for the doctrine of champerty is that certain contracts are contrary to public policy. When we realize this, we see …

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Insurance - When Contracts For Contingent Performance Of Acts Other Than Payment Of Money Constitute Insurance, Charles W. Allen Dec 1937

Insurance - When Contracts For Contingent Performance Of Acts Other Than Payment Of Money Constitute Insurance, Charles W. Allen

Michigan Law Review

A recent case presents the many difficulties that confront the courts in determining whether a given contract is one of insurance. Plaintiff was a glazier. For a fixed payment he agreed with his customers that during a certain period he would repair and replace, if broken, their store-front glass. Penal proceedings were instituted against plaintiff for failure to comply with the insurance laws. He brought an action to enjoin prosecution of the proceedings. It was held that the contracts were not insurance contracts and that plaintiff was entitled to the injunction.

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Damages - Insurance Contract - Right To Recover Present Worth Of Future Payments On Life Policy, James W. Mehaffy Dec 1937

Damages - Insurance Contract - Right To Recover Present Worth Of Future Payments On Life Policy, James W. Mehaffy

Michigan Law Review

An insurance policy provided for the payment of 3 1/2 per cent interest on the amount due beneficiaries until they attained the age of 21, then payment of the entire amount. The policy also contained a double indemnity clause. The insured died under circumstances leaving it doubtful whether the double amount should be paid. Upon application by the guardian of the minor beneficiaries for payment of the double amount in the manner stipulated, the defendant company refused payment of more than the face value of the policy on the ground that the proofs of accidental death were not sufficient. Plaintiff …

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Principal And Agent - Liability Of Agent To Third Party For Contract Made Without Authority, Walter Probst Jr. Nov 1937

Principal And Agent - Liability Of Agent To Third Party For Contract Made Without Authority, Walter Probst Jr.

Michigan Law Review

The defendant conducted a real estate agency and had been requested from time to time to find a purchaser for a certain tract of land. The defendant negotiated to sell this land to the plaintiffs, who knew the defendant was acting as an agent. The land had before the time of this negotiation been conveyed to a third party by the principal. It was found that the defendant was acting in good faith. Held, that the defendant was not personally liable for the loss and damage sustained by the plaintiffs. King v. Russell, 278 Mich. 529, 270 N. …

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Mortgages - Deed In Lieu Of Foreclosure - Validity, Elbridge D. Phelps Nov 1937

Mortgages - Deed In Lieu Of Foreclosure - Validity, Elbridge D. Phelps

Michigan Law Review

Depression years have brought to the fore a question much controverted in the early law, but now said to have become settled. That question regards the effect and efficacy of a conveyance of the mortgaged land, or a transfer of the equity of redemption, by the mortgagor to his mortgagee. It seems to have been cheerfully assumed by some lawyers, and by laymen in general, that in the absence of liens subsequent to the mortgage, the procedure is perfectly safe and proper in every case. It is the purpose of this discussion, however, to point out certain dangers inherent in …

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Carriers - Shipping - Limitation Of Liability By Stipulation On Ticket, Michigan Law Review Nov 1937

Carriers - Shipping - Limitation Of Liability By Stipulation On Ticket, Michigan Law Review

Michigan Law Review

Libelant through an agent purchased a steamship ticket to the West Indies. Neither libelant nor his agent had actual knowledge of a stipulation on the back of the ticket which required passengers to lodge a written notice of any claim against the steamship company within thirty days after termination of the voyage. All passengers were required to sign their tickets, but libelant failed to do so until the day after the cruise began. The district court dismissed a suit for personal injuries suffered while aboard the ship because of noncompliance with the limitation of the ticket. Held on appeal, reversing …

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Executors And Administrators -- Quasi-Contract Liability Of Decedent's Estate -- Administrative Expenses As A Prior Charge On The Estate, Ralph Winkler Nov 1937

Executors And Administrators -- Quasi-Contract Liability Of Decedent's Estate -- Administrative Expenses As A Prior Charge On The Estate, Ralph Winkler

Michigan Law Review

After the supply of feed for the decedent's livestock had been depleted and before the appointment of an administrator, the plaintiff furnished some grain at the request of the decedent's daughter and son-in-law, no other parties attempting to assist in any way. It was understood that the plaintiff would look to the estate for payment. In an action of contract against the administrator in his representative capacity for the value of the grain the court held that the plaintiff had a valid claim in quasi-contract against the estate, basing the decision upon "broad considerations of policy." Since the estate was …

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Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr. May 1937

Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.

Michigan Law Review

The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.

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Gratuitous Promises-A New Writ?, Warren L. Shattuck Apr 1937

Gratuitous Promises-A New Writ?, Warren L. Shattuck

Michigan Law Review

Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …

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Appeal And Error-Appealable Interest Of Bidder At Judicial Sale, Michigan Law Review Apr 1937

Appeal And Error-Appealable Interest Of Bidder At Judicial Sale, Michigan Law Review

Michigan Law Review

The receiver of a bank effected a compromise settlement with the maker of a second mortgage note of $2100, agreeing to sell him the note for $500. Notice of hearing to confirm this sale was published. Prior to the confirmation, appellant, who was the holder of the first mortgage, offered to pay the receiver $600 for the note. The court confirmed the sale to the maker over appellant's objection made at the hearing. Held, that the appellant was not an aggrieved party and had no appealable interest. Dean v. Clapp, (Iowa 1936) 268 N. W. 56.

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Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee Apr 1937

Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee

Michigan Law Review

A North Carolina statute provided that when a mortagee purchases property at his own sale conducted under a power of sale, and then brings action for the deficiency, the debtor may as a matter of defense show that the true value of the property at the time and place of sale exceeded the sale price and thus defeat the deficiency claim in whole or in part. In a recent case the plaintiff, mortagee of an $8,000 mortgage, conducted a sale according to law and bought the land for $3,000. On the plaintiff's subsequent action for the deficiency the defendant pleaded …

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Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion, William J. Isaacson Apr 1937

Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion, William J. Isaacson

Michigan Law Review

Petitioner lessor and respondent lessee entered into a lease for the enjoyment in perpetuity of water power rights. The yearly rental was stipulated to be "a quantity of gold which shall be equal in amount to fifteen hundred dollars of the gold coin of the United States of the standard of weight and fineness of the year 1894, or the equivalent of this commodity in United States currency." In 1934, after the devaluation of the dollar by the Federal Government, the lessors intervened in the lessee's reorganization proceedings and filed a claim for rent. The petitioners requested that the lessees …

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Gifts Of Choses In Action -- Delivery, Michigan Law Review Apr 1937

Gifts Of Choses In Action -- Delivery, Michigan Law Review

Michigan Law Review

The alleged donor of a trust certificate of the X trust company presented it at the office of the company, had the assignment blank on the back of the certificate filled in and the name of the donee registered on the books of the company, but retained possession of the certificate at all times except during the interval when the registration was taking place. Previous to the transaction the donor had stated that he did not intend to "sign it over" to the donee but merely to "have it fixed in case something happened to him." Yet he told the …

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Specific Performance - Contract To Make A Will - Right To Specific Relief For Breach Where Promisee Predeceases Promisor, Elbridge D. Phelps Apr 1937

Specific Performance - Contract To Make A Will - Right To Specific Relief For Breach Where Promisee Predeceases Promisor, Elbridge D. Phelps

Michigan Law Review

In September, 1930, Cornelius Powell died testate, leaving certain personalty absolutely to his wife, Elizabeth Powell, and devising certain realty to her for life, with a remainder over to his son, Clifford S. Powell. Subsequently, Elizabeth and Clifford entered into a written agreement whereby, in consideration that Clifford would convey all his interest in said realty to her, Elizabeth agreed to execute a will giving to Clifford "at her death all of the property then owned by her, whether real, personal, or mixed." Pursuant to this agreement, the requisite instruments were duly executed. On October 31, 1932, Clifford S. Powell …

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Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps Mar 1937

Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps

Michigan Law Review

Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …

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Quasi-Contracts -- Contracts Unenforceable Under Statute Of Frauds -- Test Of Benefits, Charles C. Spangenberg Mar 1937

Quasi-Contracts -- Contracts Unenforceable Under Statute Of Frauds -- Test Of Benefits, Charles C. Spangenberg

Michigan Law Review

Defendant orally contracted to buy fifty special type motion picture cameras which plaintiff was to build. Plaintiff had completed ten cameras in whole and forty in part when defendant repudiated, setting up the defense that the contract was void under the California statute of frauds. In an action on the common counts for labor done and materials furnished, the court held, that plaintiff could not recover because defendant had accepted or retained no benefit from which a promise to pay could be implied. Mitchell Camera Corp. v. Fox Film Corp., (Cal. 1936) 59 P. (2d) 127.

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Specific Performance - Oral Option To Buy Stock - Effect Of Provision To Fix Price By Arbitration, Michigan Law Review Mar 1937

Specific Performance - Oral Option To Buy Stock - Effect Of Provision To Fix Price By Arbitration, Michigan Law Review

Michigan Law Review

Defendant, who owned all the common stock of a bank, gave an oral option to sell it at a fixed price to plaintiff. Plaintiff was to investigate the bank's books, assets, and liabilities in order to determine the true value of the stock. If the true value did not equal the agreed price, the parties were to meet and set the amount of the diminution. In the event of disagreement, a third party was to be called in. Plaintiff expended considerable sums for investigation before defendant renounced the option and prevented further investigation. In an appeal from an interlocutory order …

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The Notice Due To A Guarantor, Morton C. Campbell Feb 1937

The Notice Due To A Guarantor, Morton C. Campbell

Michigan Law Review

A guaranty is usually an offer contemplating a unilateral contract in that it requires for acceptance an act or series of acts, or abstention from action, on the part of the offeree. The act or acts ordinarily consist in the furnishing of money, goods, services, or the like, by the offeree to the principal in reliance on the guaranty; or in the assumption of suretyship risk by the offeree on behalf of the principal. Abstention from action commonly consists in the offeree's refraining from pressing the principal by suit or otherwise for an overdue debt.

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Contracts - Fraud - Defrauded Purchaser Of Land On Contract, Jacob L. Keidan Feb 1937

Contracts - Fraud - Defrauded Purchaser Of Land On Contract, Jacob L. Keidan

Michigan Law Review

Defendant filed a counterclaim for damages for deceit in an action brought by the vendor in a land contract. The facts showed that substantial payments had been made both before and after defendant's discovery of the fraud. The court held that defendant's performance of the contract subsequent to his discovery of the fraud constituted a "waiver" of the fraud. Monroe v. Hoffman, 276 Mich. 281, 267 N. W. 836 (1936).

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Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion - Proof Of Damages, Michigan Law Review Feb 1937

Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion - Proof Of Damages, Michigan Law Review

Michigan Law Review

Defendant lessors and plaintiff realty company entered into a 99-year lease in 1890. The yearly rental was stipulated to be "grains of pure unalloyed gold," provided however, that in lieu thereof the lessors at their option could require the delivery of its value ($6,000) in such lawful currency as they designated. In 1933, upon the devaluation of the dollar and the regulation of gold by the Federal Government, the lessors gave the right to lessee to pay the amount of dollars the government was paying for newly-mined gold of the stated quantity (10,158.75). Plaintiff paid that amount in excess of …

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Corporations - Charter Amendments - Delaware Dilemma, Michigan Law Review Feb 1937

Corporations - Charter Amendments - Delaware Dilemma, Michigan Law Review

Michigan Law Review

It may be conceded that a corporate charter is a contract having a threefold aspect as to the combinations of parties thereto, and that this contract, as between the corporation and the state, may be changed by the state without conflict with the Federal Constitution, providing the state has reserved a power to change. It still is an ever present problem, however, as to how far the state may affect the contracts of stockholders, either inter se or with the corporation. This problem is particularly a live one in Delaware, both because of the recent Keller case and the large …

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Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman Dec 1936

Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman

Michigan Law Review

After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such …

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Contracts - Interpretation - "Permanent Employment'', Michigan Law Review Dec 1936

Contracts - Interpretation - "Permanent Employment'', Michigan Law Review

Michigan Law Review

Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …

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